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Blog Posts in 2014

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  • Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint.
    Bank Account Frozen From a New York Judgment (but you live outside NY)? Big Win for Consumers where "Separate Entity Rule" Voided Such a Bank Restraint.

    A good percentage of our clients—who currently reside out-of-state—call in a panic upon discovering that their bank accounts are restrained (frozen) due to a default judgment from a New York Court. Is ...

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  • In New York, What Personal Property is Exempt from Creditors?
    In New York, What Personal Property is Exempt from Creditors?

    Below is a general list of what personal property ( real estate is next blog post) is exempt from the reach of your creditors. These exemptions reflect public policy to provide for your reasonable ...

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  • Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss
    Debt Buyer's Failure to Communicate Disputed Nature of Debt to its Collector found Actionable under the FDCPA; Class Action survives Motion to Dismiss

    In Plummer v. Atlantic Credit & Finance, Inc ., [1] the court upheld three general rules: Debt buyers are debt collectors. Buying and selling debts is considered debt collection activity covered under ...

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  • Seeking Relief from a Lien or Levy Pending an Appeal (New York)
    Seeking Relief from a Lien or Levy Pending an Appeal (New York)

    Upon an appeal of a money judgment, and upon the purchase of a bond, CPLR § 5204 provides the judgment debtor with potential "suspension" of judgment enforcement, including the cancellation of levies ...

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  • Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?
    Judgment Creditor versus Transferee: Who Has Rights to the Money/Property?

    This blog entry is part of a series that simplifies each section of New York CPLR Article 52, "Enforcement of Money Judgments." There are 53 sections in Article 52. This entry is the 2 nd of 53. For a ...

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  • A Simple List of What Property your Judgment Creditor May Seize (New York)
    A Simple List of What Property your Judgment Creditor May Seize (New York)

    First, what is a "judgment creditor"? A judgment creditor is the person or company that sued you and obtained a money judgment against you. If you've reached this website, your judgment creditor is ...

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